Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon

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Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon, 511 U.S. 93 (1994), is a United States Supreme Court decision focused on the aspect of state power and the interpretation of the Commerce Clause as a limitation on states' regulatory power. In this particular case, the Supreme Court considered whether the Oregon Department of Environmental Quality 's alleged cost-based surcharge on the disposal of out-of-state waste violated the dormant commerce clause .[1]

Contents

• 1 Opinion of the Court

• 2 See also

• 3 References

• 4 External links

Opinion of the Court

(https://en.wikipedia.org/w/index.php?title=Oregon_Waste_Systems,_Inc._v._Department_of_Environmental_Quality_of_Oregon&action=edit&section=1 "Edit section: Opinion of the Court")

The Court voted 7–2 in favor of Oregon Waste Systems, holding that Oregon's surcharge was invalid under the negative commerce clause. This meant that the surcharge favored in-state economic interests over out-of-state counterparts. The surcharge was discriminatory to outside states because it imposed a fee three times greater than that imposed on in-state waste.[2]

In order for such a surcharge to be valid, it would have to be justified as compensatory, in that it makes out-of-state shippers pay their fair share of the disposal costs. This would have to be equivalent to a measurable standard that would be the same for in-state shipping. However, Oregon's surcharge of $2.25 for out-of-state waste compared with a surcharge of $0.85 on in-state waste was determined facially discriminatory. Citing a previous case, the Supreme Court indicated that such surcharges may be acceptable if they were based on increased costs specifically associated with out-of-state waste.

See also

(https://en.wikipedia.org/w/index.php?title=Oregon_Waste_Systems,_Inc._v._Department_of_Environmental_Quality_of_Oregon&action=edit&section=2 "Edit section: See also")

• _City of Philadelphia v. New Jersey _, 437 U.S. 617 (1978)

• List of United States Supreme Court cases

• Lists of United States Supreme Court cases by volume

• List of United States Supreme Court cases, volume 511

• List of United States Supreme Court cases by the Rehnquist Court

References

(https://en.wikipedia.org/w/index.php?title=Oregon_Waste_Systems,_Inc._v._Department_of_Environmental_Quality_of_Oregon&action=edit&section=3 "Edit section: References")

1. ↑ Stephens, Otis. American Constitutional Law Volume 1. Thomson Wadsworth. USA, 2003
2. ↑ Supreme Court Collection. Cornell University Law School. Legal Information Institute

External links

(https://en.wikipedia.org/w/index.php?title=Oregon_Waste_Systems,_Inc._v._Department_of_Environmental_Quality_of_Oregon&action=edit&section=4 "Edit section: External links")

• Text of Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon, 511 U.S. 93 (1994) is available from: Findlaw Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)

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